ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00014611
Parties:
| Complainant | Respondent |
Parties | Gary Flaherty | Creative Nation |
| Complainant | Respondent |
Anonymised Parties | A video production employee. | A video production company. |
Representatives |
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Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00019034-001 | 08/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00019034-002 | 08/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00019034-003 | 08/05/2018 |
Date of Adjudication Hearing: 25/09/2018
Workplace Relations Commission Adjudication Officer: David Mullis
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and Section 6 of the Payment of Wages Act, 1991following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant worked for the Respondent company from the 1st February 2016 until his employment was terminated, by reason of redundancy on the 6th March 2018. |
Summary of Complainant’s Case:
The Complainant says that she is owed unpaid wages, Minimum Notice and Redundancy compensation from the Respondent. He says that the total amount due to him is €7,828.35 net, (of which €6,423.31 net, represents the Redundancy compensation and Pay in lieu of notice due). He says that he was promised payment of the full amounts due from the Respondent on a number of occasions since being made redundant. To date he has received €1,000, leaving the above net amount outstanding. He says that the company is not insolvent, as the Respondent decided, on advice, not to declare insolvency. |
Summary of Respondent’s Case:
The Respondent agrees with the submission from the Complainant and says he is endeavouring to gather in monies owed to the company and will pay, what is due to the Complainant, when this is achieved. In response to questions from me he advised that there were now sufficient funds in the company bank account to pay the monies due, but that he needed to check with his accountant if these monies could be used for this purpose. He agreed that if we adjourned the hearing to Monday the 5th October 2018 he would be able to confirm when the monies due to the Complainant would be paid. |
Findings and Conclusions:
We resumed the hearing on Monday the 1st of October 2018 and the Respondent confirmed that he would pay the monies due to the Complainant on or before Friday the 5th of October 2018. I have been advised by the Complainant that he since defaulted on this commitment. It is clear and agreed between the parties that the monies are due and indeed the list of amounts due was compiled by the Respondent. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the Complaint in accordance with the relevant redress provisions under the Act.
I find for the Complainant and I say that he must be paid a total due of €7,828.35 net by the Respondent. |
Dated: 09/01/19
Workplace Relations Commission Adjudication Officer: David Mullis
Key Words:
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